Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1887-09-07
The Sturp Teler.
PHIL BARTON'S CLAIM.

He had g. StOOp TO MS SnOulueIS auu Soi'
of chronic scowl on his face. he was
middle-aged and unmarried, with no very
good prospect of changing his latter con,
dition. he was not handsome man anu
far from an even-tempered man. IN lact,
he sometimes played the Weil,knoWn par
of the exceedingly disagreeable man irom
Bitter Creek-though to do him justice
he had only occasionally INDUCED in those
little eccentricities of character which
were so marked in the gentleman from
the Creek. Only when somebody jumped
his claim, then Mr.. Barton was reluctantly
forced to admit that he hailed from Bitter
Creek, Not from Bitter Creek as it is
known to ordinary peOple-the Bitter
Creek of the geographer-but far up at
the head-waters where the black alkall
water of Great Bitter Spring gushed out
of the volcanic soil-where Bitter creek
was born-that was the humble birthplace
and subsequent point OF residence OF tne
speaker, Mr.. Phil Barton. And OF course
it was wholly unnecessary for him to say
anything about the fact that residents OF
Bitter Creek grew worse the hIgher up
culiarity of the residents was too we'll
known. But to return to Mr.. Barton's
claim-it was q lamentable fact it was al
ways being Jumped"
"C,aim Jumping" is light and divert
ing form of recreation always more or less
indulged in by Dakotians in such portions
of the territory where there is Govern
ment land open to settlement and being
settled. It consists of moving on the
claim of some other person who has not
vet secured a title to his land from the
Goyernment, and instituting contest
at the land Office. If the law is allowed
to take its course and the aggressive party
can prove that the other has not complied
with all the requirements OF the Depart-
ment of the Interior, the right to live on
the claim and finally acquire deed 10
it is given him if he cannot ne has the
trouble-and the costs, which pie up 70
the CONSERVATION of all except the lawyers
and oficials-for nothing and the original
claimant remains in the possession of the
land, But when the country is new, the
land choice and the claim-hunters numer-
ous. the law is not always allowed to take
its course. In fact it frequently isn't.
And the surprising swiftness with which
the unfortunate claim-jumper is some
times removed from the land and his few
effects thrown after him, is only equaled
by the astonishing manner in which this
AGGRESSIVE parsonage will sometimes Sc
crete himself in his frail house and well
come the original claimant with an OLD
shotgun loaded with rifle balls and ten
penny nails.
AS Isaid before, Phil Barton's claim was
frequently jumped. Probably the easiest
way to account for this is on the SUPPOSE
ton that it was jumpable.-if l may be
allowed the word. He didn't comply
with the law. His improvements were
not sufficient. He failed to live on it with
that regularity and persistency which the
law supposes. Not that any one did all
the law is supposed to expect, but the
gentleman under consideration didn't even
do all the community expected, and the
result was invariably, as he expressed IL,
'smore trouble bout that claim o'mine."
II thought I'd die laughin'," said
Judge Posey, Of Buffalo City, as ash ne tsaddn sat IN
Iocatin' that Wisconsin man. Wei, seen
Phil Barton out on his claim, in 1866, q
havin' it with that Minnesota man. Says
Phil: Look a-hear, ye goggle-eyed ten
derfoot, ye've jumped my claim" 'Ye
bet I have says the Minnesota man, an
yell find me what they call stayer.'
selfv says Minnesota. 'I'll lick ye till
We can't stagger alouev says Phil. Come
onv howls Minnesota. 'One minute to
leave an take yer truck y says Phil. Yell
And me right here in this identical spot a
hundred Years from nown says Minneso-
ia. Il see I've got % lift ye up an hist
We off'n the place y says Phil. We'll, talk
won't do it!' says Minnesota. Then they
went at it. Phil banged him one in the
eve and the Minnesota man brought him
an under-cut Then they clinched an
rolled, an tore, an pounded, an pulled,
an got up an pounded, but pretty soon
Phil got him down. an set on MN, an,
says he: Now, whose claim is this" :!
guess it b'longs to a man bout your size
says the Minnesota man, an so Phll lets
him up an he picks up his duds an VAIN
ooses, Phil keepin' the lumber in his house
for his trouble. It's bout the quickest
way to settle contest ever seen," con
tinued the Judge-'no witnesses or post
ponements or appeals, or Waitin', or nGS
in, jes' pull your coat an wade in. Bat
thunder" he added, ''it I'D be rough on
US lawyers if they all done that way"
The unfortunate Minnesotian was not
the ONLY man who rose and fell on Barton's
claim in much the same way. "It'sg gittin'
most SO they move on ev'ry mOrnin' an
Imove 'em off ev'ry night" said Barton
himself, as he stood on a street corner OF
Buffalo City. 81 tell ye that claim ber-
longs to me an Pm goin' t. hold it: Pm
peace'ble law.abidin' American citizen,
but when anybody tries t. beat me out OF
my home there's goin' be trouble:
There won't be no olawin'-nothln' but Jes
straight fghtin' an lots ov it; Them as
hops onter that claim with the idee O.
holdin' it, will find that Pm fighter right
from Thumper's Corners. county O. Gl1
Thar! Them as move on kin look out the
Winder an see old Phil Barton comm like
q slycone. an thew want 20 git while they
are able to move about amt no spring
chicken, an when it comes t. fghtln
they'll find I was raised back over Roar